Wealth-tax penalty for late return filing set aside where identical facts were already decided against the Revenue.

Penalty under section 18(1)(a) of the Wealth-tax Act for belated filing of returns by a deceased assessee's legal representative was not sustainable where the same issue on identical facts had already been decided by the same court. Applying that earlier ruling, the court rejected the levy upheld by the Tribunal and answered the reference against the Revenue. The result was that the penalties for the assessment years 1971-72 and 1972-73 could not stand.

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Issues: Whether the penalty levied under section 18(1)(a) of the Wealth-tax Act, 1957 on the legal representative of the deceased assessee for belated filing of wealth-tax returns for the assessment years 1971-72 and 1972-73 was justified.

Analysis: The question referred was covered by an earlier decision of the same court on identical facts concerning the same assessee and the same mode of penalty for delay in filing returns. Following that decision, the court held that the levy of penalty upheld by the Tribunal was not sustainable.

Conclusion: The reference was answered in the negative and against the Revenue, and the penalty upheld by the Tribunal was held to be unjustified.

Final Conclusion: The assessee succeeded in the reference, and the Tribunal's view sustaining the penalties for delayed filing of the wealth-tax returns did not stand.

Ratio Decidendi: Where an identical legal question on the same factual basis has already been decided by the court, the later reference follows that ruling and the penalty for delayed return filing cannot be sustained if the governing question is answered against the Revenue.

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